Police to receive 24-hour move-on powers over rough sleepers - govt

Pedestrians walk past a homeless person rough sleeping on High Street in central Auckland.

Police will gain new powers to issue move-on orders targeting rough sleepers, beggars and those displaying "disorderly behaviour" in public places under planned law changes, the Government has announced.

Justice Minister Paul Goldsmith said the Summary Offences Act will be amended to give police officers additional enforcement powers.

The so-called "move-on" orders are planned to allow police to require people aged 14 or older to leave a specified area for up to 24 hours for activities including rough sleeping, all forms of begging, behaviour indicating an intent to inhabit a public place, or displaying disorderly, threatening or intimidating conduct.

Breaching an order will carry a maximum penalty of a $2000 fine or up to three months' imprisonment. Orders would be issued in writing, as was "operationally appropriate".

Prime Minister Christopher Luxon says making the central city safer is important.  (Source: 1News)

The previously-signalled changes have faced criticism from frontline providers.

In justifying the new enforcement rules, Goldsmith claimed city centres and tourist spots had become places of "intimidation and dysfunction".

"New Zealanders are fair-minded people, and our culture is one where we seek to help those who are in need, but that doesn’t mean we should accept our city centres, particularly our showcase tourist spots, becoming places of intimidation and dysfunction," he said.

Paul Goldsmith (file image).

“Our main streets and town centres have been blighted by disruption and disturbance. Businesses are declining as some bad behaviour goes unchecked. It needs to stop.

"Currently, police officers have limited options to respond, particularly when it doesn't reach the level of offending. It means many disruptive, distressing, and potentially harmful acts can occur before officers have any means of intervention.

"It doesn’t make sense."

Police Minister Mark Mitchell said changes were "about public safety and providing our frontline with additional enforcement powers to ensure the public can feel and are safe."

"Naturally, every situation will be different. Some people may require support services, some may not. Police have the expertise to assess and determine what support is required, if any – they do this every day," he said.

Police Minister Mark Mitchell.

He suggested police officers already had strong networks and partnerships with social and housing services, and he expected police to work closely with these providers as they developed operational guidance.

"In terms of where people will be move on to, they will be required to move a reasonable distance away from the area, as specified by the constable."

When an officer issued an order, they were required to warn the person that it was an offence to breach the order, "unless the person has a reasonable excuse for being there."

The amendments will be subject to a legislative process before coming into effect.

"Our police officers are familiar with the locations they work with and already have strong networks and partnerships with social and housing services," Mitchell said.

Tama Potaka dropped by the area that’s become a home for the homeless under the cover of darkness. (Source: 1News)

"I expect police will work closely with these providers as they develop their operational guidance for the frontline."

But the move-on approach has faced criticism from social service providers. The Salvation Army warned last month that such powers would not reduce homelessness.

Director of the social policy and Parliamentary unit Ian Hutson said move-on powers "just shift it somewhere else" and displace vulnerable people into more dangerous situations.

"We know what work — access to emergency housing, permanent homes and wraparound support for health, mental health and addiction," he said.

"Moving people along doesn't address any of the reasons they are homeless, and it undermines the relationships and trust that help people into stable housing."

New measures include expanding Housing First, boosting support services and improving the efficiency of transitional housing  (Source: 1News)

The Salvation Army's surveying suggested homelessness had been rising or unchanged in every region, with Auckland's homelessness numbers doubling in the past year.

“Where agencies, councils, police and iwi work together with housing providers, we are seeing real progress," Hutson said.

“Housing First, kaupapa Māori approaches, mental health and addiction support, and safe transitional options all help people stay housed. That is where investment and leadership need to go—not into punitive measures that push people further from help.

“Policing homelessness is not a solution. Providing homes, dignity, mana and long-term support is. We need to stay focused on what works."

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